Facts According To The Prosecution. (Victim Is Minor, 16 Y/o)

Facts according to the prosecution.
(Victim is minor, 16 y/o)
About 9:00 o’clock in the evening of September 28, 2001, victim [AAA], together with
her friend [BBB], were on their way home after attending a fellowship at the Assembly of
God Church, Poblacion, Buguias, Benguet. Along the way, appellant Dalton Laurian, Jr.
suddenly pulled [AAA] by the hand and led her towards the store of a certain Lydia
Pagaling.
[AAA] resisted by pulling away her hands, and grabbing [BBB], but appellant did not let
go. At the store, appellant assured them that they would not stay for long and that they
would be allowed to leave soon. [BBB], however, upon finding an opportunity, was able
to run away.
Appellant dragged [AAA] to a nearby clinic, then to a playground. During this time,
[AAA] was not able to shout, out of fear of the appellant who was drunk. The threat
continued, with appellant saying that he would throw a stone at anyone who would
come near them. Just then, [AAA] heard the voice of her landlady, Mrs. Felisa Cabaling,
calling her name on the road adjacent to the playground. [Appellant] ordered her to
hide. She did so --fear having overwhelmed her.
When [AAA]’s landlady stopped calling for her name, appellant again lugged [AAA] to a
classroom at the Baguias Central School. Appellant pushed her inside, made her lie
down, and went on top of her. He unhooked her bra, held her breasts, and kissed her.
[AAA] tried to push away the set chairs where she was made to lie down, but appellant
pinned down her head. Due to this struggle, [AAA] bumped her head and lost
consciousness.
It was already 3 o’clock in the morning when [AAA] regained consciousness. She felt
pain in her head, vagina and feet. Her pants were unzipped, and she saw blood in her
underwear when she went to the comfort room to urinate. After crying in the comfort
room, she went outside, only to find the appellant. He pulled her into the room, and
thereafter let her go home.
Out of fear, [AAA] never told anyone of the incident. It was only when her landlady wrote
her mother, informing her of her disappearance on that fateful night that she eventually
told her mother what happened.
After learning of the incident, [AAA] was immediately referred to a psychologist and to
Dr. Vladimir Villaseñor for medical check-up. The examination conducted by Dr.
Villaseñor, Medico-legal Officer III of the PNP Regional Crime Laboratory, revealed
shallow healed lacerations at 3 and 7 o’clock positions and deep healed lacerations at 9
o’clock positions of the hymen. Likewise, the examination found the presence of sexual
abuse, upon his examination of [AAA]. On the other hand, Psychologist Christine
Golocan, after a series of psychological tests found [AAA] to be below average. She
likewise found her to be suffering intense anxiety, inferred to be due to her traumatic
experience of sexual abuse.
Thereafter, [AAA] filed a criminal complaint against appellant. Upon learning of the case
filed by[AAA], appellant Dalton went to the house of [AAA]’s grandfather five (5) times to
offer marriage to victim [AAA] as a form of settlement. [AAA] was then sixteen (16)
years old.
Facts according to the defense
At 2 o’clock in the afternoon of September 28, 2001, [appellant] was with Rodel Benito
at the store of Jane Atas where they drank one bottle of round post gin while conversing
with each other. They spent four (4) hours there and thereafter, went out and proceeded
to the store of Conchita Bayas. Because they did not have anymore the money to buy
drinks, they just stood at the doorway of the store of Conchita Bayas and continued
conversing for about 30 minutes. When [appellant] went to answer the call of nature,
Rodel Benito went away so he proceeded to the front of the closed store of Lydia
Pagaling where he came upon John Lesino, Roy Menzi, Rodel Benito and Jane Macay
conversing about his brother being mauled. After about thirty (30) minutes, he met
[AAA] who just came from the Jesus is Alive Church fellowship with [BBB]. [Appellant]
held [AAA]’s hands and led her to the closed Lydia’s store. [AAA] sat with him and
thereafter, they stood up and proceeded to the RHU. While [appellant] was holding
[AAA] by the hand, the latter never resisted. Since there were many people inside the
clinic, they were able to see his brother only through the window. After a while, they
proceeded to the school playground and they sat on the first waiting shed where he
courted her. They transferred to the second waiting shed about ten (10) meters away
and they continued their conversations when they heard Mrs. Felisa Cabaling about 20
meters away calling for [AAA]. [Appellant] told [AAA] to respond but [AAA] went instead
to hide at the back of the cemented waiting shed. When they can no longer hear the
shout of Mrs. Cabaling, [AAA] returned to him and they went to the classroom of his
mother at the Buguias Elementary School. [Appellant] was informed that Mrs.
Cabalingwas with [BBB]. While they were in the second waiting shed, [appellant] never
heard [AAA] shout for help. [Appellant] never forced [AAA] to go with him inside the
classroom. That they were able to enter the classroomof his mother because [appellant]
was able to get the key to the classroom. After getting inside the classroom, [appellant]
went out locked the door and passed through the window in going back inside.
[Appellant] saw Rodel Benito, went out through the window and shouted for him.
[Appellant] went back inside and saw [AAA] seated on the desk and then Rodel Benito
came inside through the window. While [AAA] was seated, [appellant] arranged four
desks and there, he and [AAA] lie down while Rodel Benito also lied down at the front
desk. When [AAA] felt going to the comfort room, she woke [appellant] up because he
[fell]asleep. [Appellant] denied having hit the head of [AAA] with something or the desk
and that [AAA] never lost consciousness while they were inside the classroom. At 3
o’clock in the early morning the following day, [AAA] told him that she would be going
home. [Appellant] told her that he will accompany her to their boarding house but when
they were at the waiting shed, [AAA] told him that she will go alone so he returned to the
classroom and continued to sleep. When [appellant] went back to the classroom, Rodel
Benito was no longer there. [Appellant] was able to see [AAA] three (3) days after
September 28, 2001 at the Buguias Central School. [Appellant] came only to know of
this case filed against him by [AAA] through his mother three weeks later and he
scolded his mother saying it was not true. When [appellant] received a subpoena from
Fiscal Gondayao and he said that the charges were not true, Fiscal Gondayao advised
him to go to the house of [AAA] and settle matters together so he went to the house of
[AAA] five (5) times but the family of [AAA] did not like.

Facts According To The Prosecution. (Victim Is Minor, 16 Y/o)

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Facts according to the prosecution.

(Victim is minor, 16 y/o)

Facts according to the defense

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